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Globex Corporation is a high-tech company that owns 100% of the stock of Cyprus Creek, Inc. (CCI). Globex has owned CCI for over 20 years. CCI is in the business of nuclear power generation. CCI has accumulated earnings and profits of $700,000. Globexs basis in its CCI stock is $100,000. Montgomery Burns wishes to acquire the assets of CCI. Unfortunately, an asset purchase would require approval from the Nuclear Regulatory Commission. The Commission does not like Mr. Burns and is unlikely to approve the asset sale. Mr. Burns can, however, legally buy the stock of CCI without getting the Commissions approval. On June 15 of the current year, Mr. Burns offers Globex $800,000 for the stock of CCI (its fair market value). Globexs CEO, Hank Scorpio, (after consulting with his tax advisor) rejects this offer but counteroffers to sell the CCI stock to Burns for $100,000 in cash. Also, Mr. Burns must agree to provide sufficient capital to CCI after his purchase to pay off any debts that CCI owes Globex. Scorpios plan (which is code-named Project Arcturus) is for CCI to declare and pay a $700,000 dividend to Globex in the form of a note payabledue in 30 days. The Globex board would then approve the sale of CCI stock to Burns. Mr. Burns would then pay Globex $100,000 for the CCI stock and $700,000 to pay off note payable. All of these transactions would take place during a 60 minute period on July 1 of the current year. Mr. Burns agrees to this plan. Answer the following, remembering to explain your answers and cite to the primary authority that supports your answer.

A. What is Scorpio/Globex attempting to accomplish by Project Arcturus?

B. Will Project Arcturus work? Why or why not?

C. Assume instead that in February of the current year, the Globex board started having discussions about selling CCI. In March of the current year, CCI declared and paid a $700,000 dividend to Globex in the form of a note payable. The note payable is due in six months. In April of the current year, Globex publicly announced that it was selling CCI. It entered into talks with several buyersincluding Twitter and Metabut could not reach a deal until Mr. Burns made his June 15 offer. Globex then entered into the deal with Mr. Burns to sell the CCI stock for $100,000 and Mr. Burnss promise to pay off the note payable owned to Globex. How (if at all) would your answer to Part B change in light of these new facts?

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